mediation

To make the most of mediation, one must understand its purpose. Too often, mediation participants treat mediation like a nonbinding substitute hearing on the merits: a trial proxy. It’s not. Mediators have no authority to bind the parties. Mediators cannot discuss the merits of the case once mediation ends. So, if mediators have no authority and no ability to advise outside parties of their views of the merits, what’s the goal?...